Case against gay couple who protested at Clerk’s Office will go to jury

Two men who were arrested after trying to get a marriage license in Louisville in January faced potential jail time, but after a court appearance Thursday, it was revealed that that's not going to happen. Instead, the case will to go a jury.

The last time the two men were in court, the prosecutor tried to increase the men's penalties and filed a motion to keep them from sharing with the jury why they were in the clerk's office that day they were arrested.

Those motions were denied.

The Rev. Maurice Bojangles Blanchard and his partner, Dominique James, learned Thursday that their case will be heard in front of a jury.

"(We) feel strongly optimistic that the jury will hear the case, hear why we were there," said Blanchard.

The reason why Blanchard and his partner were at the county clerk's office in January is something the prosecuting attorney tried to keep from a jury, but the county attorney's office decided not to go forward with that motion.

"Obviously we are grateful. We think they made the right decision," said Blanchard.

The defense called this a civil rights issue, but the prosecution said it's not about that, which is why it tried to keep the marriage equality part of the story from the jury.